Date: 03-10-2019
Business: Adv. Dilip Keny for plaintiff present and seeks time to file reply to NM . Time granted.
Adv. Harshada Pednekar for defendant present and filed original NM no. 3503/19 along with affidavit.
Matter stands Adj for reply to NM on 06.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Keni for plaintiff present.
Adv. Harshada for defendant present and seeks time to file reply. Time granted.
Matter stands Adj for reply to 03.01.20.
Next Purpose: REPLY
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Dilip Keni for plaintiff present and seeks time to file reply. Time granted.
Adv. Kajal Patil for defendant present.
Matter stands Adj for reply to 09.03.2020.
Next Purpose: REPLY
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: None present for plaintiff and defendant.
Court is busy in dictating order in suit no. 429/20 and st. no. 2336/20. Hence, board is discharged.
Matter stands Adj for reply to NM on 11.06.2020.
Next Purpose: REPLY
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 23/10/20.
Next Purpose: REPLY
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to NM to 01.02.2021.
Next Purpose: REPLY
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: None present.
The case is adjourned to 26.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 20.04.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to COVID-19.
Next Purpose: REPLY
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Dilip Keni for plaintiff present.
Adv. Thouseef Shaikh for Defendant present.
Court is busy in hearing on documents in SU No. 9083 of 1995.
Matter stands adjourned to 29.10.2021 for reply.
Judge
Next Purpose: REPLY
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Matter called out at 3.38 p.m.
None present.
Matter stands adjourned to 14.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Matter called out at 3.51 p.m.
Adv. Dilip Keni for plaintiff present. He tendered reply to NM. TOR.
Adv. Samir Sarambalkar for defendant present.
Heard both the sides on NM No.3503/19.
Plaintiff seeking recalling of order dated 17.04.2018 by which draft NM filed by them, seeking permission to file WS was dismissed. I have perused aforesaid order. It appears that even after granting extension of time. Defendant failed to register the NM. The defendant cited reason of misunderstanding in the order. In fact, there is no explanation of what misunderstanding the defendant were facing, but looking to the nature of suit and the NM, the defendant have right to file for condonation of delay. The NM is allowed.
Thus, I proceed to pass the following order.
1. NM No.3503/19 is allowed in terms of prayer clause (a) to (c) upon payment of cost of Rs.2,000/- by the defendant to the plaintiff and to pay cost of Rs.2,000/- to the DLSA.
2. Costs in cause.
3. NM No.3503/19 is disposed of.
Heard both the sides on Draft NM.
Perused NM.
Defendants seeking condonation of 610 days delay in filing WS. Admittedly, plaintiff did not file original writ of summons. On perusal of roznama it appears that on 13.01.2016, Deft. No.1 appeared. On 27.01.2016, his advocate filed VP. On 29.03.2016, the WS of Deft. No.1 was ready but it was not taken on record as it was not within time. Certainly thereafter, the defendants could have tendered NM for condonation of delay which is tendered at belated stage. From the aforesaid circumstances it appears that defendant purposefully did not delay the proceedings. The WS of Deft. No.1 was very much ready on 29.03.2016. Considering the aforesaid circumstances and looking to the fact that plaintiff filed suit for partition, the delay can be condoned by awarding a reasonable cost. Thus, I proceed to pass the following order.
1. Draft NM is allowed in terms of prayer clause (a) and (b).
2. Defendants are allowed to filed WS within a period of 15 days from the date of order upon payment of cost of Rs.2,000/- to the plaintiff and Rs.2,000/- to DLSA.
3. Upon payment of aforesaid cost, WS be taken on record.
4. Draft NM is disposed of accordingly.
Defendant is directed to register the NM for statistical purpose.
Draft NM is handed over to the defendant for registration.
Matter stands adjourned to 28.01.2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 14-12-2021